Chapter 4127: PUBLIC WORKS RELIEF COMPENSATION

(A)
"Work-relief employee" means any
person engaged in any public relief employment, and receiving "work-relief,"
who is under the supervision and control of any employer mentioned in this
section or any agency of such employer.

(B)
"Work-relief" means public relief given
in the form of public funds or goods, on the basis of the budgetary needs of
the work-relief employee and his dependents, in exchange for any service or
labor rendered on or in connection with any public relief employment.

(C)
"Employer" means each county,
municipal corporation, township, school district, the state, and the state
relief commission or any other state agency having supervision or control of
work-relief employees, either directly or through agencies.

The administrator of workers' compensation may hear and
determine all claims for compensation, death benefits, medical, nurse, and
hospital services, medicine, and funeral expenses under this chapter.

The decisions of the administrator in all claims for
compensation, death benefits, medical, nurse, and hospital services, medicine,
and funeral expenses are appealable pursuant to sections
4123.511 and
4123.512 of the Revised Code.

Every work-relief employee who sustains an injury and the
dependents of such as are killed, in the course of and arising out of
employment, wheresoever such injury or death occurs, except when such injury or
death is caused by willful misconduct or intent to bring about such injury or
death, or when the use of intoxicating liquors or drugs is the proximate cause
of such injury or death, is entitled to receive out of the public work-relief
employees' compensation fund, compensation, death benefits, medical, nurse, and
hospital services, medicine, and funeral expenses, for loss sustained on
account of such injury or death, as is provided for by Chapter 4123. of the
Revised Code.

Except as provided in section
4127.06 of the Revised Code, no
compensation shall be paid from the work-relief employees' compensation fund
for or on account of any temporary disability or partial disability; except
that in the cases included in the schedule of loss of specific members or
sight, set forth in section
4123.57 of the Revised Code, the
disability is deemed to continue for the periods mentioned for each of such
cases in that section. In cases where the injury results in the total or
partial loss of use of any such member, the disability is deemed to continue
for such proportion of the period fixed for the total loss of a member as the
administrator of workers' compensation finds that the actual physical
disability bears to the total loss of such members.

All compensation payable under this chapter shall be paid on
the basis of computation provided for in this chapter.

The basis upon which compensation or benefits shall be
computed, is the amount of work-relief which would have been afforded to the
injured person for the calendar week in which the injury or death occurred. In
no event shall such compensation exceed the maximum reimbursement relief award
established by the state which the claimant would have been entitled to had he
not been injured.

The premiums, collected under this chapter shall be paid into a
separate fund to be known as the public work-relief employees' compensation
fund, and all compensation, death benefits, and expenses for medical, nurse,
and hospital services, medicine, and funerals, shall be paid out of the fund.

Such premiums shall be collected, the moneys of the fund
disbursed and the fund maintained, without regard to or reliance upon any other
fund mentioned in Chapter 4123. of the Revised Code.

This section shall not prevent the deposit or investment of the
moneys of the public work-relief employees' compensation fund with the moneys
of the state insurance fund provided for in Chapter 4123. of the Revised Code,
but such funds shall be separate for all other purposes.

During periods of temporary disability and partial disability
other than that resulting from loss of a member or sight or total or partial
loss of use of a member, an injured work-relief employee shall be paid directly
out of the fund from which the employee was receiving relief, the amounts
required to meet the budgetary needs of the employee and his dependents, and in
the manner determined by the person or agency having control over or
supervision of the fund.

When all of the funds for relief purposes which are available
to any employer are exhausted, or when, disability as a result of the injury is
continuous beyond a period of six months, the injured work-relief employee
shall be compensated for temporary and partial disability out of the public
work-relief employees' compensation fund by the bureau of workers' compensation
in the same manner and amount as is provided in sections
4127.01 to
4127.14 of the Revised Code for
other disabilities.

Every employer shall contribute to the public work-relief
employees' compensation fund the amount of money determined by the
administrator of workers' compensation, with the advice and consent of the
bureau of workers' compensation board of directors. The contributions may be
made in whole or in part out of any relief funds or any other available public
funds, regardless of the manner in which the funds were raised. The officer of
any employer having charge of the expenditures of funds for relief purposes,
shall set aside and maintain as a special fund out of which contributions to
the work-relief employees' compensation fund may be made, an amount equal to
the percentage of the work-relief funds as the administrator determines on an
actuarial basis as is reasonably necessary to cover the premium obligations of
the employer. The manner of determining the contributions and classifications
of employers, shall be the same as is provided in sections
4123.39 to
4123.41 and
4123.48 of the Revised Code, and
such sections shall apply in so far as they are applicable to the employers,
but rates of premium shall be applied to insure solvency of the public
work-relief employees' compensation fund at all times.

The state relief commission or any other state agency having
supervision or control of work-relief employees, either directly or through
agencies, shall file reports and make payments of premiums out of any fund
under its control or supervision, in the amount and manner, and at the time, as
is determined by the administrator; and the furnishing of the reports and the
payment of the premiums by the state agency, for work-relief employees, shall
relieve the state of the obligations set forth in sections
4123.40,
4123.41, and
4123.48 of the Revised Code, with
respect to contributing to the public work-relief employees' compensation fund
for work-relief employees.

The administrator of workers' compensation, under special
circumstances and with the advice and consent of the bureau of workers'
compensation board of directors, may adjust the rate of disbursements of
compensation of benefits, which shall not in any instance exceed the maximum
reimbursable relief award established by the state which the claimant would
have been entitled to had the claimant not been injured.

Employers who comply with sections
4127.01 to
4127.14 of the Revised Code, are
not liable to respond in damages at common law or by statute for injury or
death of any work-relief employee, wherever occurring.

Employees of a noncomplying employer shall receive their
compensation and benefits as if the premiums had been paid and the employer
shall be liable on the same basis as a noncomplying employer under Chapter
4123. of the Revised Code.

Sections
4127.01 to 4127.14, inclusive, of
the Revised Code apply to all work-relief employees who are injured and to the
dependents of such as are killed, whether such injury or death occurred prior
to May 17, 1935, or subsequent thereto.